MAKING THE CHOICE BETWEEN MERGER AND CONCURRENCY RULES IN TORT: A COMMENT ON YOUNG V. BELLA

Abstract

The question of whether an action alleging false words leading to damage has to be brought in defamation, or whether such claims can be pleaded as other torts alongside defamation allegations, has been the source of much contention. This paper provides an analysis of the status of the defamation merger/concurrency debate following the decision of the Supreme Court of Canada in Young v. Bella. The author examines the history of the two competing approaches, providing an analysis of the case law prior to Young v. Bella and detailing the position of the Supreme Court following that decision.